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Washington Update
By The MRFFor Immediate Release
02 October 2008
Contact: Jeff Hennie, Vice President of Government Relations, MRF
Email: jeff@mrf.org

Washington Update

The US House passed the Health Insurance Restrictions and Limitations Act of 2008 (HR 6908) last week. This bill, as previously reported by the Motorcycle Riders Foundation (MRF), would force insurance providers to disclose upfront, in writing, any activity they are unwilling to provide full payment for an injury sustained while participating in said activity. Currently the insurance providers need only refer to the federal loophole known as the "source of injury exclusion provision" to limit payment for any injury based on the source of the injury.

The bill passed with unanimous consent by the US House and is now being considered by the US Senate Committee on Health, Education, Labor and Pensions (HELP). The Senate has passed legislation that was farther reaching than HR 6809 in a previous Congress so the outlook remains bright but time is running short. The MRF will keep you informed on this important issue.

NHTSA Proposes New Helmet Standards

In a notice of proposed rulemaking (NPRM) earlier this week, the National Highway Traffic Safety Administration (NHTSA) set forth its proposal to modify the current safety standard for helmets, Federal Motor Vehicle Safety Standard 218 (FMVSS 218). The proposal focuses mostly on the least important part of any helmet, the DOT label. The NPRM outlines what NHTSA would like to see on the back of your helmet. A new label to replace the current football shaped sticker with the letters DOT printed in a contrasting color to the background. NHTSA claims that due to entities printing and selling "Doing Our Thing" that closely resembles the DOT sticker the federal standard has been undermined and needs an upgrade to a bigger better sticker.

The changes the proposal outlines will require including the word "certified", the manufacturer's name, and the model of the helmet. The proposal also calls for the sticker to be larger and placed higher up from the bottom of the helmet. The new sticker has one other change, it's not a sticker. The NPRM calls for the new label to be a "water decal" to be applied under the helmet's final clear coat.

A few problems arise with this portion of the proposal. What about helmets that don't have a clear coat such as leather clad or the popular matte finish? What about the cost to manufacturing, which will certainly be higher than the government estimates? Lastly, how does this affect the 30 helmet choice law states? The answer to that one is, it doesn't - other than the fact that when you choose to wear a helmet it would have to be DOT certified.

NHTSA also called for some changes to the testing of helmets. None of the changes provide for a more real world condition, just adjusting some of the allowable ranges for helmet puncture and retention.

What is troubling about the proposal is the underlying theme of "safer crashing". We at the MRF believe that it is best to focus on crash prevention instead of injury mitigation. Helmets do not prevent crashes, educated riders and motorists do.

It's true that motorcycle fatalities are near historic levels, but so are new unit sales and registrations. With the soaring price of fuel, expect that to continue for the foreseeable future.

So what does NHTSA expect this proposal to do in the real world? Let us refer to some of NHTSA's own numbers from the proposal. First since this only really affects the 20 mandatory universal helmet law states and the District of Columbia where according to NHTSA's numbers 15 percent of the riders in those jurisdictions use "novelty" helmets that don't meet the current FMVSS 218. Reading further NHTSA says that this proposal, if enacted, would realistically reach 5 percent of the 15 percent of riders who now use "novelty" helmets in universal helmet law states. Using NHTSA's method of guessing at helmet effectiveness, that amounts to about 17-32 lives a year. Now we can certainly all agree that any life saved is a huge success, but the original reason for this proposal was to bring down fatalities significantly. The low double digit decreases don't really dip the numbers down enough to make this necessary. Again, all life is precious but with government resources running on empty, The MRF believes this is time and money better spent on motorcycle safety programs that focus on avoidance of the crash.

The MRF encourages you to provide your own public comment to this NPRM. You can read the entire 66 page proposal that includes instructions on how to apply. The comment period is open for 60 days. Use the link to view the document:
http://www.nhtsa.gov/staticfiles/DOT/NHTSA/Rulemaking/Rules/Associated%20Fil es/Helmets_Upgrade_NPRM.pdf
or
http://tinyurl.com/4zcg7x

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ACTION ALERT - WRITE NOW - SENATE INTRODUCES HEALTH INSURANCE BILL FOR MOTORCYCLISTS! TELL YOUR SENATORS YOU WANT THEIR SUPPORT ON THIS ISSUE! S. 616

U.S. Senator Susan Collins (R-ME) and U.S. Senator Russ Feingold (D-WI) recently introduced S. 616, "The HIPAA Recreational Injury Technical Correction Act.” Identical legislation passed the full Senate in the 108th Congress and obtained 177 bipartisan cosponsors in the House. S. 616 aims at ending health care discrimination for individuals participating in legal transportation and recreational activities-activities like motorcycling, snowmobiling, skiing, horseback riding, and all-terrain vehicle riding. This legislation addresses a loophole caused by a Department of Health and Human Services' rule making it possible for health care benefits to be denied to those who are injured while participating in these activities. “While I was pleased that the rule prohibits health plans and issuers from denying coverage to individuals who engage in certain types of recreational activities, such as skiing, horseback riding, snowmobiling or motorcycling, I am concerned that it would allow insurers to deny health benefits for an otherwise covered injury that results from participation in these activities,” Collins stated. "People participating in activities like motorcycling, skiing, snowmobiling and other outdoor activities should not be put at risk because of a health insurance loophole. This bipartisan legislation will offer outdoor recreation lovers the protection they deserve," Feingold noted. On August 21, 1996 an important opportunity arose when President Clinton signed the Health Insurance Portability and Accountability Act (HIPAA), prohibiting employers from denying health care coverage based on a worker’s pre-existing medical conditions or participation in legal activities, such as motorcycling. In 2001, the Department of Health and Human Services released the final rules that would govern the HIPAA law. The rules recognize that employers cannot refuse health care coverage to an employee on the basis of their participation in a recognized legal activity. However, the benefits can be denied for injuries sustained in connection with those activities. Therefore, you were guaranteed the right to health care coverage but not guaranteed any benefits in return for your monthly payments.

The AMA is urging all motorcyclists to notify their Senators and tell them to co-sponsor and support S. 616, "The HIPAA Recreational Injury Technical Correction Act."

Go to http://www.amadirectlink.com/legisltn/rapidresponse.asp and enter your zip code for your senators.

URGENT CALL TO ACTION
SUPPORT S. 616
The HIPAA
RECREATIONAL INJURY TECHNICAL CORRECTION ACT

Senate Bill 616 would end health care discrimination for individuals participating in legal transportation and recreational activities like motorcycling, snowmobiling, skiing, horseback riding, ATV riding, etc……

Our letters will be to our two US Senators and respectfully ask them to

SUPPORT S. 616,
The HIPAA
Recreational Injury Technical Correction Act

Currently medical insurance from many companies are not required to pay
benefits if you are injured on our motorcycle.
This was not the Legislative Intent of the HIPPA Law.

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From:
INSTRUCTIONS:

1.USE THE SAMPLE LETTER AS A GUIDE. THE SECOND PARAGRAGH OF THE LETTER CAN BE PERSONALIZED BY EACH PERSON TO REFLECT HIS THOUGHTS AND IDEAS.
2.BE RESPECTFUL IN YOUR WORDING.
3.WRITE BOTH SENATORS ----BOTH SENATORS ADDRESSES ARE INCLUDED ON THE SAMPLE LETTER. PLEASE USE ONLY THE CORRECT ADDRESS AND SALUTATION FOR EACH SENATOR ON YOUR LETTER. INCLUDE YOUR FULL NAME AND ADDRESS/ZIP CODE

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From:
Sample Letter:

The Honorable John Cornyn
United States Senator
Room 517
Hart Senate Office Bldg
Washington DC 20510

Or/and

The Honorable Kay Bailey Hutchison
United States Senator
Room 284
Russell Senate Office Bldg
Washington DC 20510

RE: Senate Bill 616-HIPPA Recreational Injury Technical Correction Act

Dear Senator,

I am writing you today to request your support for Senate Bill 616.

This bill will correct possible discrimination for individuals participating in legal transportation and recreational activities like motorcycling, snowmobiling, skiing, horseback riding and other activities of this nature.

I have been riding motorcycles for over thirty years and have always operated my motorcycle in accordance with the laws of my location and in a safe manner.

I find it unreasonable and unfair to pay medical insurance premiums knowing that my medical insurance company can deny coverage to me for injuries I might incur, after the fact , for participating in lawful activities. With today’s ever increasing fuel prices, more and more middle class Americans, like myself, are using motorcycles, mopeds, and scooters for transportation as a means to control costs.

We should not be subject to medical coverage denial simply because we chose to use motorcycles for transportation.

This was not the original intent of the HIPPA law.

Senate Bill 616 is now in the US Senate Committee on Health, Education, Labor and Pensions.

I urge and request that you contact the chairman of this committee, Senator Kennedy and the other committee members and request they support this bill so that it can be moved to the floor of the US Senate for a vote.

I would also urge and request that you contact Senator Susan Collins of Maine and offer your co-sponsorship of this bill as many other US Senators have done already.

This matter is very important to me so I would like to thank you for your time and consideration on this matter.

Please Respond back with your intended position on this Bill 616.

Thank you,

(Signature in BLUE INK)

Full Name
Complete Address and Zip Code